Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia Repeal) Order 2012

Overview

The Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia Repeal) Order 2012 was enacted to address the regulatory gap created by the previous order which was put in place due to animal welfare concerns. This order was made under the Australian Meat and Livestock Industry Act 1997, which allows the Secretary of the Department of Agriculture, Fisheries and Forestry to issue written orders not inconsistent with regulations made under the Act. The primary objective of this order is to repeal the Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia) Order 2011 (No.2), which had been implemented to allow the resumption of livestock exports to Indonesia, subject to certain animal welfare conditions. This repeal is necessitated by the amendment of the Export Control (Animals) Order 2004, which now regulates animal welfare issues associated with livestock exports to Indonesia. The 2012 Order aims to align the regulatory framework with these new provisions, ensuring that the export of livestock to Indonesia remains compliant with updated animal welfare standards.

Scope and Application

The Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia Repeal) Order 2012 is an instrument made under the Australian Meat and Livestock Industry Act 1997, which empowers the Secretary of the Department of Agriculture, Fisheries and Forestry to issue orders to be complied with by holders of export licenses. The 2012 Order repeals the Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia) Order 2011, made in response to animal welfare concerns that had previously suspended trade in livestock to the Republic of Indonesia. This repeal takes effect from 1 March 2012, the same date as the commencement of the Export Control (Animals) Amendment Order 2012 (No. 1). The repeal is necessary as the animal welfare issues concerning livestock exports to Indonesia will now be regulated under the amended Export Control (Animals) Order 2004. Concurrently, the Australian Meat and Livestock Industry (Conditions on Livestock Export Licences) Order 2012, which sets compliance with the amended Animals Order as a condition of an export license, will also commence on the same date. This regulatory framework was developed through consultations with various stakeholders including the livestock industry, state and territory governments, trading partners, animal welfare organisations, and the Australian Veterinary Association.

Key Provisions

The Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia Repeal) Order 2012 (section 1) is an instrument made under the Australian Meat and Livestock Industry Act 1997, which repeals the previous order that allowed the export of livestock to Indonesia. This new order takes effect from 1 March 2012 (section 2). The repealed order, the Australian Meat and Livestock Industry (Export of Livestock to the Republic of Indonesia) Order 2011 (No.2), is specifically revoked by section 3 of the 2012 Order. The obligations imposed by this legislation primarily concern holders of export licenses for livestock. These individuals or entities must now adhere to the regulations set forth in the Export Control (Animals) Order 2004, as amended by the Export Control (Animals) Amendment Order 2012 (No. 1). This shift in regulation aims to ensure that animal welfare standards are upheld during the entire process of livestock export, including transport, handling, and slaughter. The Australian Meat and Livestock Industry (Conditions on Livestock Export Licences) Order 2012 further integrates these requirements into the conditions of export licences under the Act. Failure to comply with the provisions of the Export Control (Animals) Order 2004 and related amendments could result in serious legal repercussions. The Act provides for both civil and criminal penalties for breaches. Civil penalties can include substantial fines, with the exact amount determined by the court, often based on the severity and frequency of the breach. Additionally, criminal penalties may apply, which can include fines up to a maximum of $1,650,000 for corporations and $330,000 for individuals, as well as potential imprisonment terms for serious or repeated offences. These penalties underscore the importance of adhering to the new regulatory framework and ensuring animal welfare standards are met during livestock exports.